I know SEAD 4 states they can’t deny a clearance based on poly results alone but I’m worried they will not even start the background investigation and drop me for “suitability issues” which seems to be very subjective as compared to SEAD. Personnel Security Analyst TS/SCI w/ poly. Previously there was no mitigating condition for being currently on parole or probation, but “compliance with the terms of parole or probation” was added to the new AG. 5. This position requires candidates to have a Top Secret security clearance and must be capable of obtaining SCI access that includes a requirement to pass a security CI polygraph exam. The purpose I was trying to control my breathing to pass the While this process is often completed in several weeks or months, it has caused delays of as much as 12 to 18 months before an agency accepts a contractor who already holds a TS/SCI clearance. Can a Polygraph Examination Help Defend Your Criminal Charges? The Introduction (paragraph 1.c) to the new AG contains a very significant sentence about polygraph results that doesn’t appear in any other national policy document:*. The DOHA case doesn’t describe any information related to the applicant’s Guideline K (Handling Protected Information) and Guideline E (Personal Conduct) adjudicative criteria. Interested in writing for ClearanceJobs.com? This change to Guideline C is discussed in a companion article titled, “New Dual Citizenship Guideline for Security Clearance Eligibility.” The other changes to the AG include: Polygraph was never mentioned in any of the previous versions of the AG. - Duration: 6:24. Microsoft Polygraph by lolunforgivenx in SecurityClearance [–] yaztek 0 points 1 point 2 points 2 days ago (0 children) It is a whole person concept, but you can review the SEAD 4 and it goes over the 13 Adjudicative Guidelines and shows you things that are considered red flags or … Adjudicators can apply “unusual circumstances” to mitigate recent past medical marijuana use, but the Bond Amendment precludes granting or continuing a clearance for someone currently using marijuana to treat a medical condition. For eight years the AG was studied and recommended changes were reviewed in coordination with other agencies. The infraction could have been minor – something as simple as failing to lock a safe correctly or put something away properly. For the most part its content are duplicated in other guidelines. Standardized Government-wide reporting requirements are sorely needed. "Classified national security information" or "classified information": Infonnation that has been determined, pursuant to EO 13526, or any predecessor order, to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary fonn. How Do I Check on My Security Clearance Status? He explained that there is an interagency . IC elements conducting polygraph examinations shall act upon and share relevant © 2021 ClearanceJobs - All rights reserved. Security Executive Agent: Policy . The most recent national security eligibility adjudication was recorded with an exception, as defined in Security Executive Agent Directive (SEAD) 4, National Security Adjudicative Guidelines. A revision to the AG was approved by the President in December 2005 with a number of minor alterations, but their basic structure and approach remained unchanged. National polygraph policy does not prohibit denying clearance for failing to successfully complete a polygraph exam (e.g. SEAD-4_and_the_polygraph.JPG ( 32 KB | Downloads ) "The polygraph examination is a supplement to, not a substitute for, other methods of investigation. SEAD 4 specifically states: The Cleared Brief - Latest security clearance news - delivered monthly. DoD Instruction 5200.02, \"DoD Personnel Security Program (PSP)\", March 21, 2014, Incorporating Change 2, effective May 11, 2018 4. Security Executive Agent Authorities and Responsibilities (SEAD-1) (PDF) Security Executive Agent Authorities and Responsibilities. The guidelines are defined in the Security Executive Agent Directive (SEAD) 4: National Security Adjudicative Guidelines and are the single common criteria used to evaluate all individuals who require national security eligibility. The policy on exceptions is detailed in Appendix C to SEAD 4. How Does a Security Clearance Polygraph Work? Polygraph Pre-employment Physical Examination Psychological Examination 09/102020 Page 2 of 2. ClearanceJobs is a DHI service. It should have been removed and replace with “non-compliance with terms of parole or probation.” Parole and probation are positive not negative factors. 4. SEAD 4 “establishes the single, common adjudicative criteria for all covered individuals who require initial or continued eligibility for access to classified information or eligibility to hold a sensitive position.” The effective date of SEAD 4 is June 8, 2017. Once you’ve lied about something on your SF-86, it’s hard to mitigate the issue later – and nearly impossible if you wait until the government straps you to wires and starts asking you the question. DSS released updated guidance IAW with SEAD- 4 regarding foreign passport holders:. Exceptions consist of “waivers,” “conditions,” and “deviations.” This is the first time the policy on exceptions has been included in the AG; however, prior CIA, ODNI, and OMB documents have contained policy statements on the use of exceptions. ClearanceJobs is a DHI service. High Risk (Critical-Sensitive), called Tier 4, is a BI (Background Investigation). Minor changes to those other guidelines could have completely supplanted the need for Guideline D. * DoD polygraph policy contains a similar provision prohibiting adverse action based solely on polygraph results. DoD Manual 5200.02 Procedures for the DoD Personnel Security Program (PSP), April 3, 2017 NEW 2. c. The language, found within the first few pages of Security Executive Agent Directive (SEAD) 4, cements as policy a longstanding and generally accepted recognition. Existing national polygraph policy states that when polygraph is required, access to classified information can be denied if the applicant refuses to take a polygraph exam, is non-cooperative, or uses polygraph countermeasures. exam only.”. Security Executive Agent Directive 4 actually outlines that a clearance can’t be denied on the sole basis of a failed polygraph: “No adverse action concerning these guidelines may be taken solely on the basis of polygraph examination technical calls in the absence of adjudicatively significant information.”. Have a conference, tip, or story idea to share? William H. Henderson is a retired federal clearance investigator, President of Federal Clearance Assistance Service (, Security Executive Agent Directive (SEAD) 4. These guidelines, known as Security Executive Agent Directive 4 (SEAD 4) have been in effect since June 8, 2017. That is that science has never definitively proven whether polygraph machines can detect lies or if they merely register emotional responses to certain questions. How to Request a Copy of Your Background Investigation, Channeling Controversy: 10 Patton Quotes That Define Good Leadership, Bulgaria Arrests Spy Ring Supporting Russian Intel Network, Continuous Evaluation Statements in Job Postings Cause Confusion for Clearance Holders, Leader at Penn State’s Applied Research Lab Focuses on Mentoring, Recruiting & Retention, John Hopkins University Applied Physics Laboratory Awarded $50M US Army Contract, Data Scientist - Top Secret w/ SCI Eligibility - Multiple Locati, Analytic Developer - Top Secret w/ SCI Eligibility - Multiple Lo, Data Analyst - Top Secret w/ SCI Eligibility - Multiple Location, Data Engineer - Top Secret w/ SCI eligibility - Multiple Locatio, The AG was expressly for determining eligibility for access to Sensitive Compartment Information (SCI), and. industry to include an update on the status of the national polygraph policy. 5. A clearance granted with an exception by one agency does not have to be reciprocally accepted by another agency. b. 4. I let information about polygraph exams I learned from movies and TV shows cloud my head. Polygraphs had never been mentioned within the adjudicative guidelines used to determine eligibility to access classified information – until the update codified in Security Executive Agent Directive 4, which into affect June 8. © 2021 ClearanceJobs - All rights reserved. Sign up! In this case, an individual undergoing a polygraph for a position with the Department of Defense relied on his ‘athletic training’ to control his breathing in an attempt to control the responses the polygraph machine would register. All rights reserved. SEAD 4 continues to set forth 13 criteria (Guidelines A to M) that may raise a security concern, but was revised to add or remove conditions that could raise and/or mitigate security concerns. The AG were implemented in their basic form in 1997. On December 10, 2016 the Director of National Intelligence signed Security Executive Agent Directive (SEAD) 4, “National Security Adjudicative Guidelines.” These new AG supersede the 2005 AG and the AG contained in ICPG 704.2. • Lea rn,und est and int pdpply lw gu tion oli ci du es. Gustitis Law Recommended for you. The applicability of the Bond Amendment has been extended to eligibility to hold a sensitive national security position that does not involve access to classified information. Most likely, he knew the information was enough to cause clearance denial, and he was hoping he would be able to make a better case based on procedural grounds related to SEAD 4. How to Request a Copy of Your Background Investigation, Channeling Controversy: 10 Patton Quotes That Define Good Leadership, Bulgaria Arrests Spy Ring Supporting Russian Intel Network, Continuous Evaluation Statements in Job Postings Cause Confusion for Clearance Holders, Leader at Penn State’s Applied Research Lab Focuses on Mentoring, Recruiting & Retention, John Hopkins University Applied Physics Laboratory Awarded $50M US Army Contract. (SEAD) 4, National Security Adjudicative Guidelines. Agencies may accept national security eligibility adjudications recorded with an … The Bond Amendment and specific guidance on its application are included at Appendix B to SEAD 4. The “individual is currently on parole or probation” remains a potentially disqualifying condition. Also called a 6N for non-IT positions and 6C for IT positions at DHS. Questions used in polygraph examinations, except for technical and diagnostic questions, shall be relevant to established national adjudicative guidelines and shall cover only the topic areas identified in this Guidance for the type of polygraph in question. Email lindy.kyzer@clearancejobs.com. All Executive Branch agencies use these guidelines when rendering a national security eligibility determination. The theory behind polygraph is that physiological responses tell whether someone is being truthful Formal training from a polygraph school is required to read a polygraph test with the highest possible level of accuracy, but knowing the basics of … 1. When an “exception” is approved, it permits an adjudicative decision to grant or continue access eligibility despite a failure to meet adjudicative or investigative standards. Top Secret SCI + Polygraph Clearance Level Must Be Able to Obtain: Top Secret SCI + Polygraph Public Trust/Other Required: Job Family: ... and are required to analyze cases pursuant to Federal Investigative Standards and Security Executive Agent Directive 4 (SEAD 4) guidelines; New Dual Citizenship Guideline for Security Clearance Eligibility. Variations between the two versions are not expected to result in differing access eligibility determinations depending upon which standard was employed. In this case, the applicant likely admitted to something related to not protecting classified information at his office. Security Executive Agent Directive-2 (SEAD-2) (PDF): Use of polygraph in support of personnel security determinations for initial or continued eligibility for access to classified information or elitibility to hold a sensitive position; Security Executive Agent Directive-3 (SEAD-3) (PDF): Reporting Requirements This e-mail cited SEAD-4 and listed 4 accounts that had derogatory information on them. We’ve all seen the movies – someone gets strapped to a polygraph machine and then uses the power of their mind to trick the machine, a la George Costanza in Seinfeld (“it’s not a lie if you believe it.”). Top Secret SCI + Polygraph. The single most significant change in the new AG is at Guideline C: Foreign Preference. No, unfavorable administrative action shall be taken based solely on its results." I had held back information that I later told [the examiner], and included in this statement.” The applicant stated that he “felt I had to pass the poly exam, so [I] decided to try to control my heart rate, which just caused me to need to breathe deeper during other questions. She loves the NISPPAC, social media, and the U.S. military. Clearance Level. The applicant likely hoped that the dubious nature of the polygraph might lead to some kind of a procedural opportunity to refute the poly findings. The new Guideline C is a compromise that favors the version in ICPG 704.2 over the version in the 2005 AG. DoD Memorandum, \"Extension of Periodic Reinvestigation Timelines to Address the Background Investigative Backlog\", January 17, 2017 3. Waivers are used for SCI clearances when an applicant’s immediate family members are residents of countries that present a heightened risk to U.S. national security. By John V. Berry, Esq., www.berrylegal.com The former Director of National Intelligence (DNI), James Clapper, issued new adjudicative guidelines for all federal agencies to follow on December 10, 2016. Executive Order 12968, “Access to Classified Information,” issued in late 1995, mandated for the first time common security clearance Adjudicative Guidelines (AG) for the entire Government. Top Secret SCI + Polygraph The single most significant change in the new AG is at Guideline C: Foreign Preference. (The ESP examination has also been referred to as a Full-Scope Polygraph (FSP) or an Expanded-Scope Screening In his appeal, the applicant didn’t address the mishandling of protected information or personal conduct (lying on the SF-86) issues, but went for the due process defense. 4 implementation working group, co-chaired by OPM and ODNI, which meets weekly to discuss • Think and act quickly in emergencies, judge situations, and evaluate people accurately. They’re one of the best insights into which clearance cases are granted or denied in the Department of Defense. No new mitigating condition was created for current medical use of marijuana. Security Executive Agent Directive 4 actually outlines that a clearance can’t be denied on the sole basis of a failed polygraph: “No adverse action concerning these guidelines may be taken solely on the basis of polygraph examination technical calls in … Like many security clearance cases, the infraction itself was likely a lesser issue than the applicant’s clear willingness to try to hide the issue from the government. The reality is while the government can’t deny a security clearance based solely on a failed polygraph, it can absolutely deny a clearance based on negative information disclosed during a polygraph – that’s the entire point. Here’s your weekly DOHA dose – a shot of security clearance appeal cases and their outcome. No adverse action concerning these guidelines may be taken solely on the basis of polygraph examination technical calls in the absence of adjudicatively significant information. Two common examples are the requirement of some agencies for the individual to undergo a polygraph or counterintelligence polygraph examination before being hired, and the requirement of some agencies that the individual not have any foreign-born relatives. What Are the Security Clearance Adjudicative Guidelines? Discussion. At least one agency, the Defense Office of Hearings and Appeals (DOHA), previously did not have the authority to use exceptions when granting or continuing a clearance. Denial of initial access to SCI, revocation of continued access eligibility, and the appeals process for such actions, is addressed in ICPG 704.3, Denial or Revocation ofAccess to Sensitive Compartmented Information, Other Controlled Access Program Information, and Appeals Processes. He stated that the Department of Defense (DoD) update will provide the current status of the conforming change ... (SEAD). In the case of the athletic breather and the DoD polygraph, the clearance was denied. The Defense Office of Hearings and Appeals releases the results of their security clearance appeals cases. Clearly the applicant in question was not a good liar at all, because he later admitted to attempting to controlling his breathing, as well as admitting to information related to mishandling of protected information that hadn’t been previously disclosed. An applicant who lies, who admits to trying to beat the test, and who is later caught, doesn’t make a good case. DTM-19-008, July 31, 2019 . Information Collection Requirements. Learn more. Suitability: Polygraph. Change 2, 11/06/2020 4 . What Are the Security Clearance Adjudicative Guidelines? Honesty is always the best policy. Lie detectors are not lie detectors as much as they’re ‘guilt admitters’ (which is why the George Costanza approach can actually work…the athletic breathing approach, not so much). It’s not an off-base approach. They represent a decision by the judicial system that confinement isn’t necessary to keep a person from reoffending. The Contractor shall provide quality assurance reviews of background investigation reports and are required to analyze cases pursuant to Federal Investigative Standards and Security Executive Agent Directive 4 (SEAD 4) guidelines; I have proof of those payments and am not worried. continue mental health treatment, successfully complete substance abuse counseling, repay delinquent debts, etc.). Please Note: We are presently offering a $5,000.00 hiring bonus for this position. Lindy Kyzer is the editor of ClearanceJobs.com. 3 of the 4 have been paid in full prior to their email but I guess my credit report doesn't reflect that. Additionally, there is no national policy that prevents an agency from rejecting an applicant based on employment suitability or fitness criteria, if the applicant does not successfully complete a polygraph exam. remains a potentially disqualifying condition, entire guideline could have been eliminated. DOHA: Top Reasons For Security Clearance Denial in 2008. Public Trust/Other Required: ... and are required to analyze cases pursuant to Federal Investigative Standards and Security Executive Agent Directive 4 (SEAD 4) guidelines; Waivers are also used when Bond Amendment restrictions might otherwise require clearance denial. Some agencies grant or continue clearances with conditions (e.g. Guideline C: Foreign Preference bore little resemblance to the version in the 2005 AG. New Polygraph Policy In these instances, reciprocity of an SCI eligibility determination is conditioned upon satisfactory In October 2008 the Office of the Director of National Intelligence (ODNI) issued Intelligence Community Policy Guidance (ICPG) 704.2 which contained a reprint of the 2005 AG, with two differences: Shortly after the issuance of ICPG 704.2, ODNI initiated a formal examination of the structure and content of the 2005 AG and a review of the version of Guideline C contained in ICPG 704.2. 4. (13) in Copyright © 2017 Federal Clearance Assistance Service. Marko Jan 29, '19 5:52am. How Do I Check on My Security Clearance Status? The requirement for data collection in this DTM does not require licensing with a report control symbol in accordance with Paragraph 1.b. Dark Wolf Solutions is looking for an Information Security Support Officer – Program Manager (ISSO-PM) to provide support to the USG to ensure industrial information systems are in compliance with current industrial security regulations and governing policies, to ensure that the systems have the proper safeguards to protect classified data. This change to Guideline C is discussed in a companion article titled, “New Dual Citizenship Guideline for Security Clearance Eligibility.” The other changes to the AG include: 6:24. DoDI 5210.45, \"Personnel Security Policies and Procedures for Sensitive Cryptologic Information in the National Security Agency/… The government has wide berth to only issue security clearances when it’s in the interests of national security. NUMBER 704.4 RECIPROCITY OF PERSONNEL SECURITY CLEARANCE AND ACCESS DETERMINATIONS (El t ECTIVE: 02 OCTOBER 2008) ... process may extend the polygraph requirement in the granting of personnel security reciprocity . Hopefully SEAD 4 will contain basic reporting requirements for all collateral clearance and SAP clearance holders and allow individual agencies to supplement the basic requirements with agency-unique reporting requirements. adjudicate polygraph exams. • Lea rnt ou sead p op rly ca fi m . The new Guideline C is a compromise that favors the version in ICPG 704.2 over the version in the 2005 AG. Clearance Level Must Be Able to Obtain: Top Secret SCI + Polygraph. This entire guideline could have been eliminated. "Expanded Scope Polygraph" (ESP): A polygraph examination that includes all CI topics of the CSP, as well as the topics of criminal conduct, drug involvement, and falsification of security questionnaires and forms. This is the only Bond Amendment restriction for which a waiver cannot be granted. inconclusive or significant response results). In the response to his Statement of Reasons which indicated his clearance was denied, the applicant said: “During the polygraph exam, I was trying to control my breathing to slow my heart down.